Sharp County record., 1887-06-30
AN IMPORTANT DECISION.
,rhs Attorney-Ge General Explains the School
Law of Arkansas.


tions: 49,, ..;oo 90
b ahsobool directors Of their election'
b, seeond-Should the county clerk give the
II not who does'
~ 1,s,rd-Do the ten days within which they are
o o,alify and enter upon the discharge OF their
| duties begin from the date OF their electon, or
nom the date Of their offlcial notifications
y In reply;
3 There is more Importance attaching 10 cor
w; ect solution of these questions than might, at
srst blush, be supposed inasmuch as the stat
,te imposes q penalty upon school directors
md others for failure to discharge the duties
bvs ,eouired by the school laws. On account OF
\ he disiointed manner in which our school laws
baye been put together, it is, in many cases.
SusIifucutt matter to know exactly what the law
$. ara have found it no easy task to arrive
Il a ronclusion at all satisfactory to myself,
tsv1aon the questions presented by you But,
c,oursuing the universal rule in construng stat
s ates that all acts passed upon the same suolect
|ei matter or, in pari materia, must te taken anu
construed together and made TO stand' II capa-
|. Nhle Of being reconciled, have been able to
u reach conclusion, which is herewith sub
limited for your consideration:
a'l Ast No. 1872, entitled IAN act to be entitled
Ian act to amend section 62O6 Of the Digest OF
|S ,;he statutes OF Arkansas, by Mansfield IN
|the siphteen hundred and eighty-four QSSD, ap-
bdqoroyed April 4, 1877 provides that said section
% amended so as to read as follows;
aSEcr1oN 1. Any person elected and accept
| ng the position Of director OF school dlstrlct
W, ,hall within ten days after having been noti-
led OF mis- election file his acceptance with MS
ula Predecessor at the time in Office and take and
Peiubseribe before justice Of the peace or other
competent officer the oath prescribed for IN
ers by the Constitu &on OF this state, and shall
,,ile said oath in the office OF the clerk OF the
~, ,ounty court in which he resides, and enter
r,a,t once upon the discharge OF his official duty
piaa Hinder the rule above stated, this act must
taken and construed with the other statutes
cfe mon the same subject and If capable OF being
|onleseconciled with them, must not be considered
pAen Is repeating any OF them. Section o@o OF
His sdansfeld's Digest provides that AT the an
|he nual school meeting held on the third Satur-
|ulay in May, there shall be elected, by the legal
,oters in each school district, director, who
a.. hall hold his office for the term OF three years
H.. rom October 18th ensuing and until his sue
!" essor shall have been elected and shall have
|..v Qualified"
tle
dA Section 6199 provides that 1.-THE electors OF
an very school district shall, when lawfully as
|esse embed in annual district school meeting,
ha Nth not less than five electors present, have
HES he power by majority OF the votes cast az
icb uch meeting, first to choose chairman; Sec
Eto, nd to adjourn from time to time; third, TO ap-
,oint, when necessary, in the absence Of the
nY irectors Of the district, clerk pro TEN;
OM ourth to elect director for the district for
oahe next three school years, who can read and
badrite; seventh, to determine what
and mount of money shall be raiset by tax on the
The ayable property Of the district etc.
had n Section $500 provides that 1.-THE annual dis
net election shall be held by the school direc-
j sors as Judges, who shall have power to ap-
|, a, oint two clerks; and il any Of the directors
4 ~hould not attend, the assembled voters may
ggshoose Judges in the place of those not attend
|nea lg, and the judges and clerks shall take the
|nd hath prescribed by the general election laws"
\ al Section 62J1 The ballot Of the voter shall,
Hg IA addition to the name Of the persons voted for
Eh 5 directors, have written or printed on it the
aver ords for tax or against tax, and also the
h mount of tax the voter desires levied"
=. "Sec. 6202. When the polls are closed, the
fdges shall proceed to count the votes, as
S'ertain the result and make return thereof to
one county court showing the number Of votes
heIast for each person voted for for school di-
'''9 sctor, also the number cast for and against
ams TX, and the number Of votes cast for each
le hmount or rate of tax voted for; such return,
|e w,gether with the ballots shall be sealed up
|ord Jolerk, at least ten days before the meeting
nerri the county court for levying taxes"
liz n, Sec 62)a The county court at its said meet
~ W for levying taxes, shall open the return and
-. scertain whether majority OF the votes cast
/ Ps~ for tax, ETC., etc. etc.
Sec 6224 One of the directors shall act as
tns ERIK at all district meetings shall keep rec
setn'd Of the proceedings thereof in book pro-
hit o. ided for that purpose, or, II absent, Shall
Of taanscribe into said book the minutes kept by
|ther ne clerk pro tempore and signed by he chair
h man, as SO much Of the authenticated records
=, r. the district; and he shall enter on the said
i n, ,,ok copies of all his reports to the county
W. wv ERIK and county examiner"
Y '""Sec. 6226 The directors shall, within ten
lys after any school meeting, report to the
p H'erk of the county so much of the proceedings
the said meeting as pertains to tho election of
this ulcers; an they shall, on before the first
Nor bay Of October in each year. furnish to the clerk
hair N much Of the copy Of their record by
Ian ar.e chairman Of the meeting, as shows the
:. m mount OF money voted to be raised by the dis
vol e." ''' N''-' ~ ''' ~
W'From these sections of the Digest we find
frO1 at, at the annual school meeting of each
|yln shool district in this State which must be
And I'D on the third Saturday in Nav, director is
|se yfscted. who holds his office for the term of
10 gree years. from October fifteenth next ensu-
Ia g. We also find that the meeting is organ
|, Gn,5d by the election Of chairman; that
,or, rector, II present. shall act secretary but,
wv Ss no director is present, a secretary pro
he in. may be elected that the annual
goU strict election, held at said meeting,
|suussall be held by the directors as judges, who
e de'lall have power to appoint two clerks of the
listing sction; but, if any of the directors are not
esent the assembled voters may choose
iges; that the voters shall vote by ballot,
e.r d for some person as director, and for or
wv wv, ainst tax, and the amount Of tax; that the
|epO'N iges shall count the votes, ascertain the
|oes and make return thereof to the
'n~ sinty court, which return. together
We h the ballots, shall be sealed up and
H'T tivered by one Of the judges to
PIKE county clerk at time mentioned; that the
one lnty court, at its meeting for levying taxes,
exsn 1ich Is now under the act OF March 2S, 1887,
Their the first Monday in October) shall OF en- the
lser Surns; that the directors shall keep authen-
into Ated records Of the proceedings Of the school
n s, Seting and make report of them to the county
a,irs tx, so that the county court may know that
''"' returns made by the judges Of the election
authentic.
- hese proceedings are, in their essenti al
|Girls Iures like the ordinary elections for State
|hom @f' county officers excepting that in such
ID thai Islons me returns are made to the county
0argK,who calls to his assistance two justices of
~ ,hsc peace, or householders, and opens and as
p.rrrs ANS me result whereas, in school elec-